GOMEZ v. TOWN OF SURFSIDE

No. 96-3369.

701 So.2d 113 (1997)

Julio M. GOMEZ and Jeanette Gomez, Appellants, v. TOWN OF SURFSIDE, Appellee.

District Court of Appeal of Florida, Third District.

October 15, 1997.


Attorney(s) appearing for the Case

Gomez, Del Pino & Ruiz and Julio M. Gomez, Miami, for appellants.

Cypen & Cypen and Myles G. Cypen, Miami Beach, for appellee.

Before SCHWARTZ, C.J., LEVY, J., and BARKDULL, Senior Judge.


PER CURIAM.

The appellants, who were the petitioners in a declaratory decree action in the Circuit Court below, appeal from a summary judgment granted in favor of the appellee, which was the defendant below.

In view of the fact that the trial court's decision improperly deprived the appellants from receiving a declaration of their rights and duties, vis-a-vis the municipal ordinance in question, the order under review is reversed, and this cause is remanded...

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